PART II
SENTENCES AND SENTENCING PROCEDURE

Trial court's imposition of restitution as additional condition of probation was not punitive in nature and therefore did
not affect defendant's sentence. Section does not deprive trial court of jurisdiction to impose a condition of probation
subsequent to initial sentencing and prior to defendant's commencement of probation period. 283 C. 735.

Subsec. (a):

Court's termination of defendant's status in accelerated rehabilitation program cannot rest solely on undisposed charge
of a crime identical to the underlying charge for which defendant seeks dismissal. 98 CA 111. Subdiv. (17): In order for
a condition of probation to be "reasonably related to the defendant's rehabilitation" pursuant to subdiv., there must be a
nexus between the condition of probation and the charge for which defendant is serving probation. 102 CA 507.

Defendant had been afforded a full hearing on his violation of probation charge as required under Sec. 53a-32(a). Even
when defendant is acquitted of the underlying crime leading to probation revocation proceeding, probation may still be
revoked. 281 C. 548.

Simply because automatic revocation proceeding established by section arguably is inapplicable to defendant convicted
after trial, it does not follow that such defendant is immune from discretionary revocation sought by defendant's probation
officer on the basis of defendant's discharge from sex offender treatment in accordance with the normal procedures set
forth in Sec. 53a-32. 98 CA 579.

Sec. 53a-35a. Imprisonment for any felony committed on or after July 1, 1981:
Definite sentences; terms authorized. For any felony committed on or after July 1,
1981, the sentence of imprisonment shall be a definite sentence and the term shall be
fixed by the court as follows: (1) For a capital felony, a term of life imprisonment without
the possibility of release unless a sentence of death is imposed in accordance with section
53a-46a; (2) for the class A felony of murder, a term not less than twenty-five years nor
more than life; (3) for the class A felony of aggravated sexual assault of a minor under
section 53a-70c, a term not less than twenty-five years or more than fifty years; (4) for
a class A felony other than an offense specified in subdivision (2) or (3) of this section,
a term not less than ten years nor more than twenty-five years; (5) for the class B felony
of manslaughter in the first degree with a firearm under section 53a-55a, a term not less
than five years nor more than forty years; (6) for a class B felony other than manslaughter
in the first degree with a firearm under section 53a-55a, a term not less than one year
nor more than twenty years, except that for a conviction under section 53a-59(a)(1),
53a-59a, 53a-70a, 53a-94a, 53a-101(a)(1) or 53a-134(a)(2), the term shall be not less
than five years nor more than twenty years; (7) for a class C felony, a term not less than
one year nor more than ten years, except that for a conviction under section 53a-56a,
the term shall be not less than three years nor more than ten years; (8) for a class D
felony, a term not less than one year nor more than five years, except that for a conviction
under section 53a-60b or 53a-217, the term shall be not less than two years nor more
than five years, for a conviction under section 53a-60c, the term shall be not less than
three years nor more than five years, and for a conviction under section 53a-216, the
term shall be five years; (9) for an unclassified felony, a term in accordance with the
sentence specified in the section of the general statutes that defines the crime.

History: P.A. 80-442 effective July 1, 1981; P.A. 86-220 amended Subdiv. (1) to add "imprisonment without the
possibility of release" to reflect revision made by P.A. 85-366; P.A. 92-260 amended Subdiv. (6) to add reference to "Sec.
53a-217" and provision that "for a conviction under section 53a-216, the term shall be five years", to reflect existing
minimum mandatory sentences prescribed in said sections; July Sp. Sess. P.A. 94-2 added a new Subdiv. (4) to provide a
term of not less than 5 years nor more than 40 years for the class B felony of manslaughter in the first degree with a firearm
under Sec. 53a-55a, renumbering the remaining Subdivs. accordingly, and amended Subdiv. (5) to provide that the specified
sentence is for a class B felony "other than manslaughter in the first degree with a firearm under section 53a-55a" and
delete a reference to Sec. 53a-55a, reflecting the separate sentencing provisions established for Sec. 53a-55a in Subdiv.
(4); P.A. 07-143 added new Subdiv. (3) to provide a term of not less than 25 years or more than 50 years for the class A
felony of aggravated sexual assault of a minor under Sec. 53a-70c, renumbering the remaining Subdivs. accordingly, and
amended renumbered Subdiv. (4) to replace "a class A felony other than murder" with "a class A felony other than an
offense specified in subdivision (2) or (3) of this section", effective July 1, 2007.

Statutory provision affects substantive rights. In the absence of any clear and unequivocal expression by legislature
rebutting presumption of prospective application, statute does not apply retroactively to persons sentenced prior to its
enactment. 282 C. 317.

Finding by trial court, rather than jury, that imposing extended incarceration would best serve the public interest clearly
violated defendant's constitutional rights under the 6th Amendment to U.S. Constitution. Section is unconstitutional to
the extent it does not provide that defendant is entitled to have jury make a required finding that exposes defendant to a
greater punishment than that authorized by jury's guilty verdict. 283 C. 748.

Sec. 53a-40e. Standing criminal restraining order. (a) If any person is convicted
of (1) a violation of section 53a-59, 53a-59a, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b, 53a-181c, 53a-181d, 53a-181e, 53a-182b, 53a-183, 53a-223, 53a-223a or 53a-223b or attempt or conspiracy to violate any
of said sections or section 53a-54a, against a family or household member, as defined in
section 46b-38a, or (2) any crime that the court determines constitutes a family violence
crime, as defined in section 46b-38a, or attempt or conspiracy to commit any such crime,
the court may, in addition to imposing the sentence authorized for the crime under section
53a-35a or 53a-36, if the court is of the opinion that the history and character and the
nature and circumstances of the criminal conduct of such offender indicate that a standing criminal restraining order will best serve the interest of the victim and the public,
issue a standing criminal restraining order which shall remain in effect until modified
or revoked by the court for good cause shown. If any person is convicted of any crime
against a family or household member, as defined in section 46b-38a, other than a crime
specified in subdivision (1) or (2) of this subsection, the court may, for good cause
shown, issue a standing criminal restraining order pursuant to this subsection.

(b) Such standing criminal restraining order may include but is not limited to enjoining the offender from (1) imposing any restraint upon the person or liberty of the
victim; (2) threatening, harassing, assaulting, molesting, sexually assaulting or attacking
the victim; or (3) entering the family dwelling or the dwelling of the victim.

(c) Every standing criminal restraining order of the court made in accordance with
this section shall contain the following language: "This order shall remain in effect until
modified or revoked by the court for good cause shown. In accordance with section 53a-223a, violation of a standing criminal restraining order issued by the court pursuant to
subsection (a) of this section shall be punishable by a term of imprisonment of not less
than one year nor more than five years, a fine of not more than five thousand dollars or
both."

History: (Revisor's note: In Subsec. (c) the reference in public act 96-228 to "section 1 of this act" was deemed by the
Revisors to be a reference to section 2 of that act and therefore codified as "section 53a-110c"); P.A. 98-15 amended
Subsec. (a) to add references to Secs. 53a-181c, 53a-181d and 53a-181e; June Sp. Sess. P.A. 98-1 made a technical change
in Subsec. (c), effective June 24, 1998; P.A. 99-186 amended Subsec.(a) to make provisions applicable to any person
convicted "of attempt or conspiracy to violate any of said sections or section 53a-54a"; P.A. 05-147 amended Subsec. (a)
to include a violation of Sec. 53a-223 and make a technical change; P.A. 07-123 amended Subsec. (a) to designate list of
qualifying offenses as Subdiv. (1) and amended same by including a violation of Sec. 53a-182b, 53a-183, 53a-223a or
53a-223b and making technical changes, to add Subdiv. (2) re any crime that the court determines constitutes a family
violence crime, as defined in Sec. 46b-38a, or attempt or conspiracy to commit any such crime, include sentence authorized
under Sec. 53a-36 and to add provision authorizing a court for good cause shown to issue standing criminal restraining
order if person is convicted of a crime against a family or household member other than a crime specified in Subdiv. (1)
or (2).

PART IV
HOMICIDE

Murder is a specific intent crime and although court's instruction improperly referred to general intent to engage in
proscribed conduct, the erroneous instruction was not harmful beyond a reasonable doubt and defendant was not deprived
of fair trial because court also properly instructed jury that it had to find defendant intended to cause victim's death. 99
CA 230.

Sec. 53a-55a. Manslaughter in the first degree with a firearm: Class B felony:
Five years not suspendable. (a) A person is guilty of manslaughter in the first degree
with a firearm when he commits manslaughter in the first degree as provided in section
53a-55, and in the commission of such offense he uses, or is armed with and threatens
the use of or displays or represents by his words or conduct that he possesses a pistol,
revolver, shotgun, machine gun, rifle or other firearm. No person shall be found guilty
of manslaughter in the first degree and manslaughter in the first degree with a firearm
upon the same transaction but such person may be charged and prosecuted for both such
offenses upon the same information.

(b) Manslaughter in the first degree with a firearm is a class B felony and any person
found guilty under this section shall be sentenced to a term of imprisonment in accordance with subdivision (5) of section 53a-35a of which five years of the sentence imposed
may not be suspended or reduced by the court.

History: July Sp. Sess. P.A. 94-2 amended Subsec. (b) to add provision that any person found guilty under this section
shall be sentenced to a term of imprisonment in accordance with Sec. 53a-35a(4) and increase the nonsuspendable sentence
from one year to five years; P.A. 07-143 amended Subsec. (b) to make a technical change, effective July 1, 2007.

PART V
ASSAULT AND RELATED OFFENSES

Subdiv. (1): Evidence that defendant arrived at crime scene and fired several shots at bedroom where he believed wife
was staying was sufficient for jury to conclude that defendant committed attempt to commit assault in the first degree
which requires proof of intentional conduct constituting a substantial step toward intentionally causing victim serious
physical injury by means of a dangerous instrument or deadly weapon. 99 CA 203.

Sec. 53a-64aa. Strangulation in the first degree: Class C felony. (a) A person
is guilty of strangulation in the first degree when such person commits strangulation in
the second degree as provided in section 53a-64bb and (1) in the commission of such
offense, such person (A) uses or attempts to use a dangerous instrument, or (B) causes
serious physical injury to such other person, or (2) such person has previously been
convicted of a violation of this section or section 53a-64bb.

(b) No person shall be found guilty of strangulation in the first degree and unlawful
restraint or assault upon the same incident, but such person may be charged and prosecuted for all three offenses upon the same information. For the purposes of this section,
"unlawful restraint" means a violation of section 53a-95 or 53a-96, and "assault" means
a violation of section 53a-59, 53a-59a, 53a-59b, 53a-59c, 53a-60, 53a-60a, 53a-60b,
53a-60c, 53a-61 or 53a-61a.

Sec. 53a-64bb. Strangulation in the second degree: Class D felony. (a) A person
is guilty of strangulation in the second degree when such person restrains another person
by the neck or throat with the intent to impede the ability of such other person to breathe
or restrict blood circulation of such other person and such person impedes the ability
of such other person to breathe or restricts blood circulation of such other person.

(b) No person shall be found guilty of strangulation in the second degree and unlawful restraint or assault upon the same incident, but such person may be charged and
prosecuted for all three offenses upon the same information. For the purposes of this
section, "unlawful restraint" means a violation of section 53a-95 or 53a-96, and "assault"
means a violation of section 53a-59, 53a-59a, 53a-59b, 53a-59c, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-61 or 53a-61a.

(b) No person shall be found guilty of strangulation in the third degree and unlawful
restraint or assault upon the same incident, but such person may be charged and prosecuted for all three offenses upon the same information. For the purposes of this section,
"unlawful restraint" means a violation of section 53a-95 or 53a-96, and "assault" means
a violation of section 53a-59, 53a-59a, 53a-59b, 53a-59c, 53a-60, 53a-60a, 53a-60b,
53a-60c, 53a-61 or 53a-61a.

PART VI
SEX OFFENSES

Subdiv. (1): Sexual assault in the second degree was not a lesser offense included within sexual assault in the first
degree because it would be possible to commit the latter offense in the manner described in the information and bill of
particulars without committing the former offense. 99 CA 251.

Sec. 53a-70c. Aggravated sexual assault of a minor: Class A felony. (a) A person
is guilty of aggravated sexual assault of a minor when such person commits a violation
of subdivision (2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, 53a-71, 53a-86, 53a-87 or 53a-196a and the victim of such offense is under thirteen years
of age, and (1) such person kidnapped or illegally restrained the victim, (2) such person
stalked the victim, (3) such person used violence to commit such offense against the
victim, (4) such person caused serious physical injury to or disfigurement of the victim,
(5) there was more than one victim of such offense under thirteen years of age, (6) such
person was not known to the victim, or (7) such person has previously been convicted
of a violent sexual assault.

(b) Aggravated sexual assault of a minor is a class A felony and any person found
guilty under this section shall, for a first offense, be sentenced to a term of imprisonment
of twenty-five years which may not be suspended or reduced by the court and, for any
subsequent offense, be sentenced to a term of imprisonment of fifty years which may
not be suspended or reduced by the court.

Sec. 53a-71. Sexual assault in the second degree: Class C or B felony. (a) A
person is guilty of sexual assault in the second degree when such person engages in
sexual intercourse with another person and: (1) Such other person is thirteen years of
age or older but under sixteen years of age and the actor is more than three years older
than such other person; or (2) such other person is mentally defective to the extent that
such other person is unable to consent to such sexual intercourse; or (3) such other
person is physically helpless; or (4) such other person is less than eighteen years old and
the actor is such person's guardian or otherwise responsible for the general supervision of
such person's welfare; or (5) such other person is in custody of law or detained in a
hospital or other institution and the actor has supervisory or disciplinary authority over
such other person; or (6) the actor is a psychotherapist and such other person is (A) a
patient of the actor and the sexual intercourse occurs during the psychotherapy session,
(B) a patient or former patient of the actor and such patient or former patient is emotionally dependent upon the actor, or (C) a patient or former patient of the actor and the sexual
intercourse occurs by means of therapeutic deception; or (7) the actor accomplishes the
sexual intercourse by means of false representation that the sexual intercourse is for a
bona fide medical purpose by a health care professional; or (8) the actor is a school
employee and such other person is a student enrolled in a school in which the actor
works or a school under the jurisdiction of the local or regional board of education which
employs the actor; or (9) the actor is a coach in an athletic activity or a person who
provides intensive, ongoing instruction and such other person is a recipient of coaching
or instruction from the actor and (A) is a secondary school student and receives such
coaching or instruction in a secondary school setting, or (B) is under eighteen years of
age; or (10) the actor is twenty years of age or older and stands in a position of power,
authority or supervision over such other person by virtue of the actor's professional,
legal, occupational or volunteer status and such other person's participation in a program
or activity, and such other person is under eighteen years of age.

(b) Sexual assault in the second degree is a class C felony or, if the victim of the
offense is under sixteen years of age, a class B felony, and any person found guilty under
this section shall be sentenced to a term of imprisonment of which nine months of the
sentence imposed may not be suspended or reduced by the court.

History: P.A. 75-619 restated Subsec. (a) to conform with changes made in definitions of Sec. 53a-65, referred to sexual
"assault" rather than to sexual "misconduct" and made the offense a Class C felony rather than a Class A misdemeanor;
P.A. 82-428 amended Subsec. (b) to provide that nine months of sentence may not be suspended or reduced by the court;
P.A. 83-326 amended Subsec. (a) to impose liability when the victim is mentally defective or mentally incapacitated "to
the extent that he is unable to consent to such sexual intercourse", redesignated as Subdiv. (3) a victim who is "physically
helpless" and renumbered the remaining Subdivs.; P.A. 85-341 amended Subsec. (a)(1) to increase the applicable age from
15 to 16 years; P.A. 93-340 amended Subsec. (a)(1) to specify that the other person be 13 years of age or older and the
actor be more than 2 years older than such person, added Subdivs. (6) and (7) re sexual intercourse between a psychotherapist
and a patient or former patient and re sexual intercourse accomplished by false representation that it is for a bona fide
medical purpose; P.A. 94-221 added Subsec. (a)(8) concerning school employees and students; P.A. 00-161 amended
Subsec. (a)(2) by deleting provision re the act of engaging in sexual intercourse with a person who is mentally incapacitated,
which conduct was reclassified as sexual assault in the first degree under Sec. 53a-70 by same public act, and by making
a technical change for purposes of gender neutrality; P.A. 02-106 added Subsec. (a)(9) re sexual intercourse between a
coach or instructor and a person who is a recipient of such coaching or instruction and is a secondary school student
receiving such coaching or instruction in a secondary school setting or under 18 years of age; P.A. 02-138 amended Subsec.
(b) to classify the offense as a class B felony if the victim is under 16 years of age; P.A. 04-130 added Subsec. (a)(10) re
actor 20 years of age or older who stands in a position of power, authority or supervision over another person under 18
years of age and engages in sexual intercourse with such other person; P.A. 07-143 amended Subsec. (a)(1) to increase
the age differential from 2 to 3 years and make a technical change.

Subsec. (a):

Subdiv. (1): Sexual assault in the second degree was not a lesser offense included within sexual assault in the first
degree because it would be possible to commit the latter offense in the manner described in the information and bill of
particulars without committing the former offense. 99 CA 251.

Sec. 53a-73a. Sexual assault in the fourth degree: Class A misdemeanor or
class D felony. (a) A person is guilty of sexual assault in the fourth degree when: (1)
Such person intentionally subjects another person to sexual contact who is (A) under
thirteen years of age and the actor is more than two years older than such other person,
or (B) thirteen years of age or older but under fifteen years of age and the actor is more
than three years older than such other person, or (C) mentally defective or mentally
incapacitated to the extent that such other person is unable to consent to such sexual
contact, or (D) physically helpless, or (E) less than eighteen years old and the actor is
such other person's guardian or otherwise responsible for the general supervision of
such other person's welfare, or (F) in custody of law or detained in a hospital or other
institution and the actor has supervisory or disciplinary authority over such other person;
or (2) such person subjects another person to sexual contact without such other person's
consent; or (3) such person engages in sexual contact with an animal or dead body; or
(4) such person is a psychotherapist and subjects another person to sexual contact who
is (A) a patient of the actor and the sexual contact occurs during the psychotherapy
session, or (B) a patient or former patient of the actor and such patient or former patient
is emotionally dependent upon the actor, or (C) a patient or former patient of the actor
and the sexual contact occurs by means of therapeutic deception; or (5) such person
subjects another person to sexual contact and accomplishes the sexual contact by means
of false representation that the sexual contact is for a bona fide medical purpose by a
health care professional; or (6) such person is a school employee and subjects another
person to sexual contact who is a student enrolled in a school in which the actor works
or a school under the jurisdiction of the local or regional board of education which
employs the actor; or (7) such person is a coach in an athletic activity or a person who
provides intensive, ongoing instruction and subjects another person to sexual contact
who is a recipient of coaching or instruction from the actor and (A) is a secondary school
student and receives such coaching or instruction in a secondary school setting, or (B)
is under eighteen years of age; or (8) such person subjects another person to sexual
contact and (A) the actor is twenty years of age or older and stands in a position of
power, authority or supervision over such other person by virtue of the actor's professional, legal, occupational or volunteer status and such other person's participation in
a program or activity, and (B) such other person is under eighteen years of age.

(b) Sexual assault in the fourth degree is a class A misdemeanor or, if the victim of
the offense is under sixteen years of age, a class D felony.

History: P.A. 83-326 amended Subsec. (a)(1) to impose liability when the victim is mentally defective or mentally
incapacitated "to the extent that he is unable to consent to such sexual contact", redesignated as Subpara. (C) a victim who
is "physically helpless" and relettered the remaining subparagraphs; P.A. 93-340 added Subsec. (a)(4)and (5) re sexual
contact by a psychotherapist with a patient or former patient and re sexual contact accomplished by means of false representation that it is for a bona fide medical purpose; P.A. 94-221 added Subsec. (a)(6) re school employees and students; P.A.
02-106 made a technical change in Subsec. (a)(1)(B) for purposes of gender neutrality and added Subsec. (a)(7) re a coach
or instructor subjecting another person to sexual contact who is a recipient of such coaching or instruction and is a secondary
school student receiving such coaching or instruction in a secondary school setting or under 18 years of age; P.A. 02-138
amended Subsec. (a) to make technical changes and amended Subsec. (b) to classify the offense as a class D felony if the
victim is under 16 years of age; P.A. 04-130 added Subsec. (a)(8) re actor 20 years of age or older who stands in a position
of power, authority or supervision over another person under 18 years of age and subjects that other person to sexual
contact; P.A. 07-143 amended Subsec. (a)(1) to revise Subpara. (A) re when victim is under 15 years of age by establishing
an age differential between the victim and the actor requiring that for a victim under 13 years of age the actor be more than
2 years older and requiring that for a victim 13 years of age or older but under 15 years of age the actor be more than 3
years older, designating the latter provision as new Subpara. (B) and relettering the remaining Subparas. accordingly.

Sec. 53a-90a. Enticing a minor. Penalties. (a) A person is guilty of enticing a
minor when such person uses an interactive computer service to knowingly persuade,
induce, entice or coerce any person under sixteen years of age to engage in prostitution
or sexual activity for which the actor may be charged with a criminal offense. For purposes of this section, "interactive computer service" means any information service,
system or access software provider that provides or enables computer access by multiple
users to a computer server, including specifically a service or system that provides access
to the Internet and such systems operated or services offered by libraries or educational
institutions.

(b) (1) Except as provided in subdivision (2) of this subsection, enticing a minor
is a class D felony for a first offense, a class C felony for a second offense and a class
B felony for any subsequent offense.

(2) Enticing a minor is a class B felony if the victim of the offense is under thirteen
years of age and any person found guilty of such class B felony shall, for a first offense,
be sentenced to a term of imprisonment of which five years of the sentence imposed
may not be suspended or reduced by the court and, for any subsequent offense, be
sentenced to a term of imprisonment of which ten years of the sentence imposed may
not be suspended or reduced by the court.

(P.A. 99-113; P.A. 04-139, S. 1; P.A. 07-143, S. 5.)

History: P.A. 04-139 amended Subsec. (b) to increase penalty for a first offense from a class A misdemeanor to a class
D felony, for a second offense from a class D felony to a class C felony and for any subsequent offense from a class C
felony to a class B felony, effective July 1, 2004; P.A. 07-143 amended Subsec. (b) to designate existing penalty provision
as Subdiv. (1) and amend same to add exception re Subdiv. (2) and to add new Subdiv. (2) classifying offense as a class
B felony if the victim is under 13 years of age and specifying a term of imprisonment which may not be suspended or
reduced by the court of 5 years for a first offense and 10 years for a subsequent offense, effective July 1, 2007.

Evidence that defendant entered residence and stated he would be able to hit wife before police could arrive was
sufficient to establish that at the time he entered dwelling defendant intended to commit crime of assault. 99 CA 203.

PART IX
LARCENY, ROBBERY AND RELATED OFFENSES

Since statute's language includes both taking of property and subsequent retention of the stolen property, to charge
defendant with two counts of larceny is improper; they are not separately punishable and to so charge violates defendant's
constitutional guarantee against double jeopardy. 100 CA 565.

Statutory requirement of "value" set forth in statute is satisfied where witness testified about the usefulness of coats
that had been left in her vehicle. It was not necessary to prove coats were spun from silk or fashioned from the finest cloth
to satisfy statutory requirement of "value". 101 CA 144.

Subsec. (a):

No double jeopardy where defendant convicted of larceny in the sixth degree and robbery in the third degree. 100 CA 122.

Defendant's actions in keeping victim's ATM card and the money and ordering victim out of vehicle at gun point were
sufficient to constitute the "deliver up" of property within statute's meaning. 102 CA 532.

PART X
FORGERY AND RELATED OFFENSES

Defendant's true identity is related directly to the crime and therefore defendant must be provided with "Miranda"
warnings prior to being asked his or her identity as part of booking process. 103 CA 544.

Sec. 53a-141. Criminal simulation: Class D felony. (a) A person is guilty of criminal simulation when: (1) With intent to defraud, he makes or alters any object in such
manner that it appears to have an antiquity, rarity, source or authorship which it does
not in fact possess; or (2) with knowledge of its true character and with intent to defraud,
he issues or possesses an object so simulated.

PART XI
BRIBERY, OFFENSES AGAINST THE ADMINISTRATION
OF JUSTICE AND OTHER RELATED OFFENSES

Refusal to comply with police command to provide identification following a Terry stop may constitute a violation of
section even if such refusal is unaccompanied by any physical force or other affirmative act; statute broadly proscribes
conduct that hinders, obstructs or impedes a police officer in performance of duties irrespective of whether offending
conduct is active or passive. 280 C. 824.

Defendant who placed arresting officer in head lock was in violation of section regardless of whether officer had
probable cause for making the arrest. 98 CA 350.

PART XIV
BREACH OF THE PEACE, HARASSMENT
AND RELATED OFFENSES

Subdiv. (1): Defendant engaged in fighting or violent or tumultuous behavior with intent to cause annoyance, alarm
and inconvenience by spitting on victim's face because spitting is an unsanitary act, likely to spread potentially deadly
disease and is almost universally regarded as contemptuous, is calculated to incite others to act in retaliation and actual
physical contact of defendant with victim is not required. 102 CA 551.

Subdiv. (3) is not unconstitutionally overbroad because it prohibits only true threats, not all threats, and is not unconstitutionally void for vagueness in context of defendant's actions and words. 104 CA 46.

(1) "Funeral" means any ceremony or memorial service held in connection with
the burial or cremation of an individual; and

(2) "Boundary of the location", with respect to a funeral, means (A) in the case of
a funeral that is held at a cemetery, the property line of the cemetery; (B) in the case of
a funeral that is held at a mortuary, the property line of the mortuary; (C) in the case of
a funeral that is held at a house of worship, the property line of the house of worship;
and (D) in the case of a funeral that is held at any other type of location, the reasonable
property line of that location.

(b) With respect to any funeral, no individual may engage in an activity during the
period beginning sixty minutes before and ending sixty minutes after such funeral, any
part of which activity:

(1) (A) Takes place within the boundaries of the location of such funeral or takes
place within one hundred fifty feet of the point of the intersection between (i) the boundary of the location of such funeral; and (ii) a road, pathway, or other route of ingress to
or egress from the location of such funeral; and (B) includes the individual wilfully
making or assisting in the making of any noise or diversion that is not part of such funeral
and that disturbs or tends to disturb the peace or good order of such funeral with the
intent of disturbing the peace or good order of that funeral; or

(2) (A) Is within three hundred feet of the boundary of the location of such funeral;
and (B) includes the individual wilfully and without proper authorization impeding the
ingress to or egress from such location with the intent to impede the ingress to or egress
from such location.

(c) Any individual who violates any provision of this section shall be guilty of a
class A misdemeanor.

PART XX
OBSCENITY AND RELATED OFFENSES

Sec. 53a-196a. Employing a minor in an obscene performance: Class A felony.
(a) A person is guilty of employing a minor in an obscene performance when such person
(1) employs any minor, whether or not such minor receives any consideration, for the
purpose of promoting any material or performance which is obscene as to minors, notwithstanding that such material or performance is intended for an adult audience, or
(2) permits any such minor to be employed, whether or not such minor receives any
consideration, in the promotion of any material or performance which is obscene as
to minors, notwithstanding that such material or performance is intended for an adult
audience, and such person is the parent or guardian of such minor or otherwise responsible for the general supervision of such minor's welfare.

(b) Employing a minor in an obscene performance is a class A felony and any person
found guilty under this section shall be sentenced to a term of imprisonment of which
ten years of the sentence imposed may not be suspended or reduced by the court.

History: P.A. 78-345 restated provisions for conformity with Sec. 53a-193 as amended; P.A. 85-496 increased penalty
from class B felony to class A felony; P.A. 92-260 made technical changes; P.A. 07-143 amended Subsec. (a) to make
technical changes and amended Subsec. (b) to require any person found guilty to be sentenced to a term of imprisonment
of which 10 years of the sentence imposed may not be suspended or reduced by the court, effective July 1, 2007.

Sec. 53a-196c. Importing child pornography: Class B felony. (a) A person is
guilty of importing child pornography when, with intent to promote child pornography,
such person knowingly imports or causes to be imported into the state three or more
visual depictions of child pornography of known content and character.

(b) Importing child pornography is a class B felony and any person found guilty
under this section shall be sentenced to a term of imprisonment of which five years of
the sentence imposed may not be suspended or reduced by the court.

(P.A. 85-496, S. 5; P.A. 04-139, S. 3; P.A. 07-143, S. 7.)

History: P.A. 04-139 amended Subsec. (a) to replace "any child pornography" with "three or more visual depictions
of child pornography" and make a technical change for purposes of gender neutrality, deleted former Subsec. (b) providing
that importation of two or more copies of any publication containing child pornography shall be prima facie evidence that
such publications were imported with intent to promote child pornography, redesignated existing Subsec. (c) as new Subsec.
(b) and amended said Subsec. to increase penalty from a class C felony to a class B felony; P.A. 07-143 amended Subsec.
(b) to require any person found guilty to be sentenced to a term of imprisonment of which 5 years of the sentence imposed
may not be suspended or reduced by the court, effective July 1, 2007.

(b) Possessing child pornography in the first degree is a class B felony and any
person found guilty under this section shall be sentenced to a term of imprisonment of
which five years of the sentence imposed may not be suspended or reduced by the court.

(P.A. 95-143, S. 3; P.A. 04-139, S. 4; P.A. 07-143, S. 8.)

History: P.A. 04-139 renamed offense by replacing "possessing child pornography" with "possessing child pornography
in the first degree" where appearing, amended Subsec. (a) to replace provision that offense occurs when a person "knowingly
possesses child pornography, as defined in subdivision (13) of section 53a-193" with "knowingly possesses fifty or more
visual depictions of child pornography" and delete provision that possession of a photographic or other visual reproduction
of a nude minor for a bona fide artistic, medical, scientific, educational, religious, governmental or judicial purpose is not
a violation of subsection, and amended Subsec. (b) to increase penalty from a class D felony to a class B felony; P.A. 07-143 amended Subsec. (b) to require any person found guilty to be sentenced to a term of imprisonment of which 5 years
of the sentence imposed may not be suspended or reduced by the court, effective July 1, 2007.

(b) Possessing child pornography in the second degree is a class C felony and any
person found guilty under this section shall be sentenced to a term of imprisonment of
which two years of the sentence imposed may not be suspended or reduced by the court.

(P.A. 04-139, S. 5; P.A. 07-143, S. 9.)

History: P.A. 07-143 amended Subsec. (b) to require any person found guilty to be sentenced to a term of imprisonment
of which 2 years of the sentence imposed may not be suspended or reduced by the court, effective July 1, 2007.

(b) Possessing child pornography in the third degree is a class D felony and any
person found guilty under this section shall be sentenced to a term of imprisonment of
which one year of the sentence imposed may not be suspended or reduced by the court.

(P.A. 04-139, S. 6; P.A. 07-143, S. 10.)

History: P.A. 07-143 amended Subsec. (b) to require any person found guilty to be sentenced to a term of imprisonment
of which 1 year of the sentence imposed may not be suspended or reduced by the court, effective July 1, 2007.

Fact that the weapon in evidence had a pistol grip and could not be fired from the shoulder was of no consequence
because it was a weapon capable of discharging a gunshot and therefore satisfied statutory definition of firearm. 99 CA 183.

Fact that the weapon in evidence had a pistol grip and could not be fired from the shoulder was of no consequence
because it was a weapon capable of discharging a gunshot and therefore satisfied statutory definition of firearm. 99 CA 183.

Sec. 53a-222. Violation of conditions of release in the first degree: Class D
felony. (a) A person is guilty of violation of conditions of release in the first degree
when, while charged with the commission of a felony, such person is released pursuant
to subsection (b) of section 54-63c, subsection (c) of section 54-63d or subsection (c)
of section 54-64a, and intentionally violates one or more of the imposed conditions of
release.

(b) Violation of conditions of release in the first degree is a class D felony.

(P.A. 98-90, S. 1; P.A. 99-186, S. 10; P.A. 07-123, S. 3.)

History: P.A. 99-186 amended Subsec. (a) to revise a statutory reference and make provisions gender neutral; P.A. 07-123 renamed offense by replacing "violation of conditions of release" with "violation of conditions of release in the first
degree", amended Subsec. (a) to delete provision making offense applicable to a person charged with a "misdemeanor or
motor vehicle violation for which a sentence to a term of imprisonment may be imposed", include a person released pursuant
to Sec. 54-63c(b), delete provision that person be released "on the condition that such person (1) avoid all contact with
the alleged victim or (2) not use or possess a dangerous weapon" and require that person intentionally violate "one or more
of the imposed conditions of release", rather than "that condition", and amended Subsec. (b) to increase penalty from a
class A misdemeanor to a class D felony.

Sec. 53a-222a. Violation of conditions of release in the second degree: Class
A misdemeanor. (a) A person is guilty of violation of conditions of release in the second
degree when, while charged with the commission of a misdemeanor or motor vehicle
violation for which a sentence to a term of imprisonment may be imposed, such person
is released pursuant to subsection (b) of section 54-63c, subsection (c) of section 54-63d or subsection (c) of section 54-64a and intentionally violates one or more of the
imposed conditions of release.

(b) Violation of conditions of release in the second degree is a class A misdemeanor.